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City Sugar Industries Ltd. and others Vs. Human Rights and Peace for Bangladesh, 2010, 39 CLC (AD)
....i.e. let the safety of the people be the Supreme law. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 389. ......Limited......................Petitioner (In Civil Petition No.763 of 2010). Heidelberg Cement Bangladesh Ltd.........Petitioner (In Civil Petition No.781 of 2010). Vs. Human Rights and Peace for Bangladesh (HRPB) represented by the Secretary of the Executive Committee, Asaduzzaman Siddiqui ......athi No. নাব/জেএল/৪১৯/৫১৯ dated 06.10.2009. The petitioner No.1 paid the entire licence fee of Tk.4, 23,408.00 and the same has been received by the concerned authority vide money receipt No. 533619 book No. 5337 dated 08.10.2009. 30. It was stated that the petitioners a..Category: Environmental Law | Date: | Hits: 344
Momena Begum Vs. Dhaka City Corporation and others, 2002, 31 CLC (HCD)
....ated the said shop in the name of Mrs Parvin Sultana and informed her by memo dated 19-4‑2000. The further case is that, the said Parvin Sultana i.e. the present allottee, also filed a title suit claiming the self same property in which she obtained Civil Rule No. 308 (FM) of 1999 which is pendi......of 1999. 2. The relevant facts may briefly, be stated as follows: That the present petitioner as plaintiff instituted Title Suit No. 91 of 1999 in the 4th Court of Subordinate Judge, Dhaka praying for a declaration of title in respect of the suit shop i.e. shop, No. 180, Kaoran Bazar, (first floo......m the case of Dr. MO Gani Vs. Dr. ANM Mahmood, 18 DLR (SC) 463. Accordingly, the Rule is discharged, however, without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 43...Category: Property Law | Date: | Hits: 34
Bhola Vs. State, 2001, 30 CLC (HCD)
....s order dated 29‑10‑91 is upheld with the above modification and the appeal is dismissed. Send down the lower court's record immediately. Ed. This Case is also Reported in: 55 DLR (2003) 36....... by the learned Sessions Judge, Sherpur in Sessions Case No. 40 of 1990 convicting the appellant and others under sections 302/34 of the Penal Code and sentencing them to suffer rigorous imprisonment for 30 years and to pay the fine of Taka 10,000, in default to suffer rigorous imprisonment for 5(fi......of Taka 10,000, in default to suffer rigorous imprisonment for 5(five) years more with a direction to the Deputy Commissioner, Sherpur to realise fine from the convict persons and to pay 3/4th of the money to the heirs of the deceased and to keep 1/4th of fine in the government fund. 2. The prose..Category: Criminal Law | Date: | Hits: 41
Hotel Agrabad Ltd. Vs. Chairman, Labour Court and others, 1999, 28 CLC (HCD)
.... this point during argument. Here it may be mentioned that in the instant case the dispute between the parties is as to whether the Act is applicable to the petitioner company and not in respect of a claim of workers relating to the benefits of the scheme. If the petitioner Company fulfils the requi......the scheme of the Companies Profits (Workers Participation) Act, 1968 in the petitioner Company. 3. Two sets of employees of the petitioner Company instituted IRO Case Nos. 78 and 79 of 1984 before the First Labour Court, Chittagong under section 34 of the Industrial Relations Ordinance (he......ur Court in IRO Case Nos. 78 and 79 of 1984 are upheld. The petitioner will pay a cost of Taka 5000 in each of the Rules. Ed. This Case is also Reported in: 59 DLR (2007) 297. ..Category: Labour and Industrial Law | Date: | Hits: 121
Abdul Malek (Md) Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....ave been passed without lawful authority and the same is of no legal effect. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 59 DLR (2007) 284. ......1997 passed by the General Manager (Commercial) on behalf of the Managing Director, Jamuna Fertiliser Company Limited, Jamalpur (Annexure-D) cancelling dealership agreement of the petitioner with forfeiture of the security money. 2. Facts relevant for disposal of this Rule, in brief, are ......l Manager (Commercial) on behalf of the Managing Director, Jamuna Fertiliser Company Limited, Jamalpur (Annexure-D) cancelling dealership agreement of the petitioner with forfeiture of the security money. 2. Facts relevant for disposal of this Rule, in brief, are as under: 3. The pet..Category: Civil Law | Date: | Hits: 74
Dr. Ahmed Majid Vs. Abdul Latif @ Suruj Ali, 2006, 35 CLC (HCD)
....as not been denied in this application that the defendant is not a tenant under the plaintiff of the SCC Suit. It appears from the objection (Annexure-C) submitted by the plaintiff-petitioner that he claimed that the defendant is a monthly tenant under him and he has many rent receipts showing that ...... about the legality of order dated 24-10-2001 passed by the Senior Assistant Judge and the Court of Small Causes, Sadar, Mymensingh in Small Causes Court Suit No. 13 of 2000. 2. Facts relevant for disposal of the Rule are as under. 3. The petitioner as plaintiff instituted Small Causes...... Court is directed to proceed with the suit in accordance with law. No costs. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 59 DLR (2007) 282. ..Category: Property Law | Date: | Hits: 37
....titioner could be held responsible for evasion of tax even after deposit and receipt of the supplementary duty as was demanded in the notice. We failed to understand how the Deputy Commissioner could claim that the petitioner evaded any tax, say supplementary duty, even after receipt of more than th...... Nisi was obtained against an Order dated 23-4-2001 passed (Annexure D) by respondent No. 5 Deputy Commissioner, Customs, Excise and VAT imposing fine of Taka 43,84,398.56 upon the petitioner company for evasion of tax.
2. The facts on which the Rule was obtained, in short, are that the petit......ary duty as was demanded in the notice. We failed to understand how the Deputy Commissioner could claim that the petitioner evaded any tax, say supplementary duty, even after receipt of more than the money demanded in the notice. In the absence of clear finding on commission of any offence under the..
Category: Fiscal/Taxation Law | Date: | Hits: 63
....eal below also held that PW 1 stated that he used to possess 5.37 acres of land which land he got by way of pattra from Sreemanta, but the plaintiffs failed to produce any dakhila in support of their claim. So, the Court of appeal below held that the pattra, Exhibit 2, series were not acted upon. Th......For the Petitioners.
Rabiul Alam Chowdhury Advocate—For the Opposite Parties.
Civil Revision No. 4063 of 2000.
Judgment
Quamrul Islam Siddiqui J.- This Rule was issued on an application for revision made by the plaintiff-petitioner under section 115(1) of the Code of Civil Procedure (t......le is hereby recalled and vacated.
There is no order as to costs.
Send down the lower Court record at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 270, 26 BLD (HCD) (2006) 634.
..
Category: Property Law | Date: | Hits: 27
Anwara Begum Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
.... of the property in such manner as may be prescribed. Although under section 5(1)(a) of the Ordinance No. 54 of 1985 the Government is to publish in the official Gazette a list of buildings which are claimed as abandoned property under PO 16 of 1972, the minimum the Government must show is that the ......agreement dated 29-7-1963 followed by possession and thereby the said Md. Younus Ali became the owner of the house in question. The said Md. Younus Ali while possessing the property had obtained loan for construction of his house with prior permission of the concerned authority and mortgaged the sai......d Buildings as published in Ka list dated 28-4-1986 within 3(three) months from the date of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 251, 26 BLD (HCD) (2006) 123. ..Category: Property Law | Date: | Hits: 40
Abdul Karim and others Vs. Court of Settlement and others, 2007, 36 CLC (HCD)
....after, the said house was allotted to Md. M Arifur Rahman on 305-1974. From the said annexures it appears that one Abdul Halim signed the said agreement on behalf of the landlord. These petitioners claim that this Abdul Halim is their father. In their title deeds the petitioners have mentioned t......se No. 1/15, Block-D, Razia Sultana Road, Mohammadpur, Dhaka, measuring an area of 144 square yards originally belonged to the then Government of East Pakistan and that the Government leased out the aforesaid property to Syed Md. Yunus by a registered deed of lease being No. 2067 dated 2-2-1960; tha......y the original allottee Syed Md. Yunus built a two-storied building on the leasehold land and had been living therein with his family members and that said Syed Md. Yunus being in need of urgent cash money sold out the aforesaid building to Md. Abdul Quayum by a registered deed being No. 881 dated 3..Category: Property Law | Date: | Hits: 33
Nazir Ahmed Vs. Md. Amin Mia and anothers, 2007, 36 CLC (HCD)
....o him by the informant. It was suggested that PW 5 did not verify the cheques and submitted a perfunctory charge sheet without making proper investigation which PW 5 denies. 13. Informant PW 1 has claimed that he gave cheques of Taka 38,00,000 to accused-petitioner Nazir Ahmed for doing business ......y Metropolitan Magistrate, Dhaka in GR Case No. 166 of 1995 and TR No. 42 of 2000 corresponding to Mohammadpur PS Case No. 48(01)95 sentencing the appellant-petitioner to suffer rigorous imprisonment for total period of 10(ten) years along with fine of Taka 10,000 in default to suffer simple impriso......r. 2. Prosecution case, in brief, was that accused Md. Nazir Ahmed used to live in the house of informant as tenant. Accused along with his wife Mrs. Tahmina Akhter requested the informant to give money for the business of importing powder milk but the informant did not agree to pay the money. Su..Category: Criminal Law | Date: | Hits: 40
Syed Ziaul Hasan and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....ards amongst the subscribers from 1st week of June, 2005 and they already distributed 20,000 SIMs at a price of Taka 1800 and by the impugned notice as published in the newspaper the respondent No. 6 claimed more money from the petitioners which is discriminatory and violative of Articles 27 and 31 ...... is of no legal effect and why the respondent No.6 should not be directed to supply subscriber identity module (SIM) Cards of the petitioners at the previous agreed rate. 2. The material facts for the disposal of the Rule are that on 6-5-2005 Tele Talk Bangladesh Limited, a public limited com......the subscribers from 1st week of June, 2005 and they already distributed 20,000 SIMs at a price of Taka 1800 and by the impugned notice as published in the newspaper the respondent No. 6 claimed more money from the petitioners which is discriminatory and violative of Articles 27 and 31 of the Consti..Category: Fiscal/Taxation Law | Date: | Hits: 131
Abdul Alim Vs. Biswajit Dey and another, 2007, 36 CLC (HCD)
....gotiable Instruments Act, 1881 pending in the Court of Metropolitan Sessions Judge, Chittagong. 2. Sum and substance of complaint case is that due to business transaction, there is outstanding claim of Taka 21 lakh from the accused petitioner and to meet the said outstanding dues, the accused......n, Advocate—For the Opposite Parties. Criminal Miscellaneous Case No. 18733 of 2006. Judgment Sharifuddin Chaklader J.- This Rule, at the instance of the accused petitioner, is for quashment of the proceeding of Metro Sessions Case No. 984 of 2006 under section 138 of the Nego......িয়া পাওয়া না যাওয়ায় ফেরত" on 14-2-2006. The complainant again on 12-3-2006 over telephone, contacted with the accused petitioner who flatly refused to pay the money, 3. The complainant was examined and usual notices were issued. The accused petitioner ..Category: Criminal Law | Date: | Hits: 50
Khalilur Rahman Vs. State, 2007, 36 CLC (HCD)
....lilur Rahman. We find no merit in these appeals. These appeals are dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 227 . ...... Jail Appeal No. 926 of 1996 Judgment SK Sinha J.- These appeals arise from a judgment of the Additional Sessions Judge, 2nd Court, Mymensingh in Session Case No. 139 of 1987 and therefore, these appeals are disposed of by this judgment. 2. Appellants Khalilur Rahman and Ayub ......his statement even after retracting his confession, which was made long after making the confession. 29. On consideration of the evidence on record we find that the miscreants did not take any money or articles from the house of the victims. Though PW 1 in course of cross-examination stated t..Category: Criminal Law | Date: | Hits: 38
Shaherunnessa Vs. Shamsunnahar, 2007, 36 CLC (HCD)
....tenancy and in such cases, the owner would not succeed get a decree for eviction of such persons in a simple suit for eviction only. 27. The plaintiff based her suit on oral agreement. She did not claim the monthly tenancy on any written agreement or contract. In both suits, on the entry of the d......ed 11-8-03 passed by Additional District Judge, Court No. 3 at Chittagong in Other Appeal No. 543 of 2002, and No. 535 of 2002 respectively, which confirmed the judgment and decree of the trial Court for khas possession of the suit premises after eviction of the defendants. 2. Opposite party as p......y the local ward commissioner. 18. Upon the evidence, oral and documentary, on record, the trial Court decreed both the suits directing the defendants to hand over possession of the suit premises, money decree for arrears at the rate of Taka 3,000 per month from June,1998 to 2000 and compensation..Category: Property Law | Date: | Hits: 35
Shahella Chowdhury Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)
....r classifiable under the head "Income from other sources". 19. Sub-section (21) of section 19 of the Ordinance reads as follows: Where any sum or aggregate of sums exceeding taka fifty thousand is claimed or shown to have been received as loan by an assessee during any income year from any person...... out of which the Rule was obtained are that the petitioner was a regular tax payee having TIN: 34-100-1503/Coys-06, Taxes Zone-2 at Chittagong. 3. After submission of the return by the petitioner for the assessment year 1999-2000 showing a liability of Taka 96,000, the Deputy Commissioner of ta...... sources". Sub-section (3) of section 19 reads as follows : "Where, in any income year, the assessee has incurred any expenditure and he offers no explanation about the nature and source of the money for such expenditure, or the explanation offered is not in the opinion of the Deputy Commissio..Category: Fiscal/Taxation Law | Date: | Hits: 69
Dhaka City Corporation and others Vs. Shamsur Rahman and others, 2007, 36 CLC (HCD)
.... 8. It is further stated that when some of the tenants defaulted in the payment of rents, the plaintiff had to institute suits for their eviction. Defaulting tenants then approached the DCC and claimed in collusion with the DCC depositing rents in the Sixth Court of Assistant Judge at Dhaka. T......sed by Additional District Judge and Bankruptcy Court at Dhaka in Title Appeal No. 393 of 2004, which reversed the judgment and decree dated 6-1104 of the trial Court and decreed the suit as prayed for. 2. Later Rule was obtained by defendant No. 4 upon similar revision application against ...... the instance of the plaintiff, the appellate Court on the other hand on the evidence both oral and documentary on record found 0.2435 acre of land was finally released and the plaintiff returned the money as was required for such release of the unused land. It found possession of the plaintiff in t..Category: Property Law | Date: | Hits: 32
Md. Ali Haider & Ors. Vs. State and others, 1987, 16 CLC (HCD)
....been falsely implicated in this case. 7. In reply to this submission the learned Counsel for the State submitted that P.W.1 Hossain Ali lodged written Ejahar within six hours of the occurrence claiming himself to be eye witness to the occurrence and as such his evidence commands much evidenti......and appellant Seraj @ Sipai of Criminal Appeal No. 113 of 1985 and non-appealing accused Giasuddin Enu Mondal @ Gobra, Ejal Hoque, Mahbob @ Mata-buddin along with 16 others were placed on trial before the learned Additional Sessions Judge, 3rd Court, Dhaka in Sessions Case No.747 of 1979 on char...... Miah along with 7/8 other persons appeared there and forcibly caught hold of aforesaid 5 persons and kept them confined at the house of one Eklal Miah and assaulted them severely and snatched away money from them and disclosed that they would be done to death. 3. Thereafter at about 12/1 P.M. ..Category: Criminal Law | Date: | Hits: 30
Nazibul Islam & others Vs. Dr. Amanullah & Ors., 1988, 17 CLC (HCD)
....he second party asserted that they arc in possession since auction purchase and are paying rent to the Government. In the impugned order the learned Magistrate has further found that in view of the claim and counter-claim of the parties, he is not in a position to determine the possession of the p...... Nurul Islam Chowdhury and Abul Kalam Azad — For the Opposite parties. Criminal Revision No.21 of 1987. Judgment Latifur Rahman J. - In this Rule the Second party-petitioners have prayed for quashing the proceeding in G.R. Case No. 65 of 1986 under section 145 of the Code of Criminal ......o of no substance. Accordingly, this Rule is discharged and the stay order granted by this Court is vacated. Naimuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 94. ..Category: Criminal Law | Date: | Hits: 32
Mirza Shahab Ispahani Vs. Government of the Peoples’ Republic of Bangladesh, 1987, 16 CLC (HCD)
....having not acceded to the demand therein, the petitioner moved this application and obtained the present Rule. 7. It has been stated in the affidavit-in-opposition filed by the respondent that the claim of the petitioner being as citizen of Bangladesh is riot correct. He was a citizen of Pakistan......an and others, P.L.D. 1975(S.C) 397; Zamiruddin Ahmed vs. Government of the People's Republic of Bangladesh 1981 BLD (HCD) 307= 1981 BCR 318. Lawyers Involved: Rafiqul Huq with Md. Fazlul Haque-for the Petitioner. Syed J.R. Modassir Hossain, Deputy Attorney General-for the Respondent. ......tore the disputed property to the possession of the petitioner within three months from date. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 87. ..Category: Immigration and Citizenship Law | Date: | Hits: 188
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